Part XI - Union-State Relations • Article

Article 250 Simplified: Power of Parliament to legislate with respect to any matter in the State List if a Proclamation of Emergency is in operation

Article 250 empowers Parliament to legislate on any subject in the State List while a Proclamation of National Emergency is in operation. These emergency laws cease to have effect six months after the Proclamation of Emergency is officially lifted.

Official Text

(1) Notwithstanding anything in this Chapter, Parliament shall, while a Proclamation of Emergency is in operation, have power to make laws for the whole or any part of the territory of India with respect to [goods and services tax provided under article 246A or] any of the matters enumerated in the State List. (2) A law made by Parliament which Parliament would not but for the issue of a Proclamation of Emergency have been competent to make shall, to the extent of the incompetency, cease to have effect on the expiration of a period of six months after the Proclamation has ceased to operate, except as respects things done or omitted to be done before the expiration of the said period.

Simple Meaning

Explain Like Ten

If the country is in a big emergency (like a war), the central government gets the power to make rules for everything, including state subjects, to keep everyone safe.

Student Mode

Article 250 grants Parliament the power to legislate on any matter in the State List for the whole or any part of India while a Proclamation of National Emergency (under Article 352) is in operation. These emergency-era laws cease to have effect six months after the emergency proclamation ceases to operate.

Example

During the National Emergency of 1975–77, Parliament assumed full legislative authority over State List subjects, enacting nationwide security and police directives. Once the emergency ended in 1977, those central laws ceased to operate after six months.

Key Takeaway

Article 250 temporarily transforms India's federal structure into a unitary system during a National Emergency by giving Parliament control over state list subjects.

FAQs

Does a state legislature lose its power to make laws during a National Emergency?

No. State Legislatures can still pass laws, but if there is any conflict/inconsistency with a Parliamentary law, the Parliamentary law will prevail under Article 251.

How long do laws made by Parliament under Article 250 remain valid after the emergency ends?

They cease to have effect on the expiration of a period of six months after the emergency proclamation has ceased to operate.

Quiz

Under Article 250, Parliament gains the power to legislate on State List subjects during:

Answer: A National Emergency

Laws passed by Parliament under Article 250 expire how long after the emergency ends?

Answer: Six months